City Council - Zoning Committee

City of Chicopee City Council Zoning Committee Approved 1-26-2022 Members George Balakier, Chair James Tillotson, Vice Chair Fred Krampits Frank Laflamme Jerry Roy Stan Walczak Gary Labrie MINUTES December 15, 2021 The following are the minutes of a public hearing held Wednesday, December 15, 2021 at 6:30 PM in the Chambers, 4th floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013 and via Zoom. Members Present: Balakier, Tillotson, Krampits, Laflamme, Roy, Walczak, Labrie Also Present: Daniel Garvey (Associate City Solicitor), Chris Casali (IT), Councilor Zygarowski, Frank Boron (Assistant Building Commissioner), Captain Turnberg, The meeting was called to order at 6:30 PM In compliance with the Open Meeting Law the Chairman asked if anyone in the audience was recording the meeting. Hearing none the meeting continued. ITEM #1 Special Permit application under Chapter 275-58 (C) (4) for the purpose of a new eating/drinking place with consumption of alcohol located at 27 Grove Street. Applicant Lisa Jablonski, 11 Balfoler Drive, Springfield, MA 01118 Lisa Jablonski and her attorney Daniel McKellick from Bacon and Wilson were present at the meeting. Attorney McKellick submitted a correction to the application. The applicant should be The Elixir, LLC. Applicant intends to operate a eating and drinking establishment with the consumption of alcohol. Reports read from the following: Planning Department – Property is zoned Business A; eating and drinking places with the consumption of alcohol in Business A Districts require a Special Permit; Applicant is looking to obtain a Liquor (all alcohol) license for the consumption of alcohol at the existing establishment as new owners, this requires Special 1 Permit for new owners; Planning sees no issue with the proposed Special Permit; and Planning recommends approval of the Special Permit. Engineering – No Engineering Department comments Fire Department – We need to see plans for any commercial cooking operations. May need building code review and what is proposed occupant load? Councilor Tillotson stated that this location has been a bar room for years. Ms. Jablonski stated that there is no kitchen at this location. Perhaps in the future she will have food trucks but for now it will strictly been a bar. Committee requested that the applicant provide a lease agreement for the property. Conditions Permit to run with the applicant Restrictions from Building and Fire Departments must be followed Copy of lease (2 years) to be provided to Council Office before next City Council meeting Motion made by Councilor Roy and second by Councilor Laflamme to approve with conditions. Committee vote 7 – 0 favorable ITEM #2 Special Permit application under Chapter 275-50 (C) (1) for the purpose of existing sign w/in 25’0” required setback. Need Special Permit to reface existing pylon sign located at 810 Meadow Street. Applicant Carolyn Parker, 3 Lorion Avenue, Worcester, MA 01606 Carolyn Parker was present via zoom. She stated that she is representing the company and they wish to reimage the sign but because it’s within the 25 foot setback requirement relief of that needs to be approved through a Special Permit. Reports read from the following departments: Planning Department – Property is zoned Industrial; use is permitted in the zone; K Brother LLC, the owner of the Gulf Gas Station and convenience store has filed for a special permit to reface the existing Gulf sign as part of a corporate reimaging process. The Gulf sign is within the 25’ required setback and requires a special permit for relief of the 25’ setback requirement to +/- 2.0’ and Planning recommends approval of the Special Permit. Engineering Department – Letter from Carolyn Parker states that internal illumination will remain as is, but detail sheet specifies “New internal LED illumination.” Please verify if illumination is new, that it remains static. Any illumination with flashing or movement may add to driver distraction. If sign location remains as is…no comments regarding positioning. 2 Fire Department – No issues Councilor Balakier stated that there is money outstanding that will need to be paid to the Collector’s Office for a water bill. Ms. Parker stated that the bill will be taken care of. She also stated that the sign will only change twice per day otherwise it will remain static. Conditions Permit to run with the applicant Outstanding bill to be paid before the next City Council meeting on December 21, 2021 Motion made by Councilor Tillotson and second by Councilor Balakier to approve. Committee vote 7 – 0 favorable. ITEM #3 Special Permit application under Chapter 275-50 (C) (1) for the purpose of existing sign w/in 25’0” required setback. Need Special Permit to reface existing pylon sign located at 1031 Chicopee Street. Applicant Carolyn Parker, 3 Lorion Avenue, Worcester, MA 01606 Carolyn Parker was present via zoom. She stated that she is representing the company and they wish to reimage the sign but because it’s within the 25 foot setback requirement relief of that needs to be approved through a Special Permit. Reports read from the following departments: Planning Department - Planning Department – Property is zoned Business A; use is permitted in the zone; K Brother LLC, the owner of the Gulf Gas Station and convenience store has filed for a special permit to reface the existing Gulf sign as part of a corporate reimaging process. The Gulf sign is within the 25’ required setback and requires a special permit for relief of the 25’ setback requirement to +/- 1.5’ and Planning recommends approval of the Special Permit. Engineering Department – Letter from Carolyn Parker states that internal illumination will remain as is, but detail sheet specifies “New internal LED illumination.” Please verify if illumination is new, that it remains static. Any illumination with flashing or movement may add to driver distraction. If sign location remains as is…no comments regarding positioning. Fire Department – No issues Conditions Permit to run with the applicant Motion made by Councilor Laflamme and second by Councilor Balakier to approve with conditions. 3 Committee vote 7 – 0 favorable. ITEM #4 Special Permit application under Chapter 275-50 (c) (1) and (c) (2) (a) for the purpose of changing our illuminated electronic standing sign to a digital LED display and a reduction in the front setback is 3’ from curb located at 993 Chicopee Street. Applicant Michele Cropanese, 60 Powers Street, Chicopee, MA 01020 Michele Cropanese and Pastor Entric Fluitt were present at the meeting. The church would like to replace their existing sign with a digital LED display and a reduction of setback requirement. The sign will contain service hours for the church as well as a display of a scripture passage. Reports read from the following: Planning Department – Property is a split zoned Business A and Industrial; relief of setback requirements for replacement of the existing sign from 25 feet to +/- 0 feet from the front property line requires a Special Permit. Additionally, digital accessory signs in Industrial Districts require a Special Permit. Applicant is looking to obtain a Special Permit for the addition of a digital sign; signs with visible moving, revolving or rotating parts or visible mechanical movement or any description or other apparent visible movement achieved by electrical, electronic or mechanical means, and all animated and electronically activated changeable signs except for time, temperature and date signs require a Special Permit. Planning sees no issue with the proposed digital sign as well as the relief of setback request – Council should consider limitations on how often (timing) screens are allowed to change and Planning recommends approval of the Special Permit. Engineering Department – It is unclear which “curb” the setback is measured from. It is assumed the 3’ setback is from the small block retaining wall on the church side of the city sidewalk vs. the curb at the road gutter. If the 3’ setback is from the small block retaining wall..No comments regarding positioning. Any illumination with flashing or movement may add to driver distraction. Fire – No issues Conditions Permit to run with the applicant 8 second pause or delay per City ordinance Sign is to be located on church side Motion made by Councilor Roy and second by Councilor Balakier to approve with conditions. Committee vote 7 – 0 favorable. ITEM #5 Special Permit application under Chapter 275-58 (C) (4) for the purpose of a new eating and drinking establishment with or without live entertainment (DJ and Band) located at 52 Gladdu Avenue. Applicant Ng Chicopee Realty, LLC, Jack Ng, 52 Gladdu Avenue, Chicopee, MA 01020 4 Mr. Ng was present at the meeting. He stated that he is looking to open a drinking and eating establishment and needs a Special Permit. Public Input Robert Zimmerman, 47 Gladdu Avenue, stated that he is concerned about live entertainment and the noise. He is also concerned about traffic and where vehicles will park. Reports read from the following departments: Planning Department – Property is zoned Business A; new eating and drinking places with the consumption of alcohol in Business A Districts require a Special Permit; property has previously had such a use; Planning is not aware of any issues; Planning sees no issue with the proposed Special Permit and Planning recommends approval of the Special Permit to allow re-use of the property to advance. Engineering Department – Property survey is required before parking extension work can be done. Travel lane width on the easterly side of parking lot is inadequate at 19.0’ 24’ required. 24’ is the maximum curb cut width for driveway at Gladdu Avenue. Street occupancy permit is required for work within Gladdu Avenue Right-of-way. Fire Department – Based upon occupant load, compliance method and level of renovation this building needs to have a full automatic fire sprinkler system. Councilor Balakier stated that there is an outstanding real estate tax bill on the property. Mr. Ng stated that he will pay it tomorrow. Councilor Labrie stated that Mr. Ng is a reputable business owner in the City. Mr. Ng stated that he is currently not renovating the upstairs. The current occupancy load is 90. He stated that he will install a sprinkler system in phase 2 of the project. He wants to open the bar and restaurant down stairs now to recoup some of the money he has invested in the property. Currently, the karate studio is still operating upstairs. He won’t renovate the upstairs until he has found additional parking. Councilor Roy asked how Mr. Ng intends to address the sprinkler system issue. Mr. Ng stated that when they do Phase 2 of the renovations a sprinkler system will probably have to be put in. He continued that they are bringing everything up to code. Captain Turnberg stated that it seems like now is the time to install the sprinkler system when everything is gutted in the building. Councilor Roy stated that the upstairs is not gutted because the karate studio is operating in that space. Captain Turnberg stated that based on the occupant load, and the level of renovation involved and being in contact with the Fire Protection Engineer with the State in the State Fire Marshalls office he believes that everyone is in concurrence that the building should be sprinklered now. Councilor Laflamme stated that under state code it requires a sprinkler system. 5 Frank Boron stated that he believes that the Fire Department is basing their opinion off the cost of the project and the amount of work being done to the building. Conditions Permit to run with the applicant The sprinkler system of the entire building with Fire Department recommendations Lower level to have a full automatic fire sprinkler system Outstanding real estate taxes to be paid before 12/21/2021 Council meeting Motion made by Councilor Roy and second by Councilor Balakier to approve with conditions. Committee vote 7 – 0 favorable. ITEM #6 Application for a Special Permit under Chapter 275-9 (L) (3) for the purpose of renewal of an existing special permit under the Mill Conversion & Commercial Overlay District located at 165 Front Street. Applicant - 4 Perkins, LLC, c/o SilverBrick, Aaron Papowitz, 1688 Meridian Avenue, Miami Beach, FL 33139. Aaron Papowitz, Thomas Greco, Josh Vassallo and Nicole Rivera were present via zoom. Mr. Papowitz stated that he is requesting that what was originally approved be renewed. He continued that if permits are not valid than the development cannot move forward. Planning Department – It is the Planning Department’s understanding that the Building, Police, and Fire Departments wish to provide the City Council additional information regarding this property at a future meeting, therefore I recommend this item be tabled to accommodate that request. Upon hearing from the above Departments, the Planning Department recommends the following:  4 Perkins, LLC, c/o SilverBrick has applied to renew its Special Permit under the City’s Mill Conversion & Commercial Center Overlay District regulations for the conversion of the Cabotville Mill Complex into a mixed-use, housing focused project in two construction phases;  Renewal is required as the Special Permit was not acted upon within the one year timeframe requirement;  4 Perkins, LLC, c/o SilverBrick is not proposing any deviations from the previously reviewed project plans/project programs;  Planning recommends approval of the Special Permit with the following considerations for the City Council: 4 Perkins, LLC c/o SilverBrick should provide the City Council with an update on its intentions to move this project forward; If it is 4 Perkins, LLC c/o SilverBrick’s intentions to move this project forward, regular (quarterly) update reports should be provided to the City Council and Planning Department; and Any and all concerns of the Police, Fire and Building Departments be fully addressed prior to the release of the Special Permit. Engineering Department – No Engineering Department comments on renewal of existing (expired) Special Permit. 6 Lee Pouliot stated that from the Planning Department perspective and land use the Planning Department is in support of redevelopment. However, we need to hear from Building and Fire Departments as they have more significant concerns that need to be addressed. Captain Turnberg stated that Building #1 of this large mill building which is where the 600 residential units and storage will be located the Fire Department does not have any issues. In July of this year, the Fire Department learned that commercial tenants were moving into Building #2 and Building #3 occupying spaces throughout the 5 floors. There were no occupancy permits. The Fire Department has been working closing with the State Fire Marshalls Office, SilverBrick, and Building Department and SilverBrick’s vendor for fire protection equipment and services (Fire Equipment, Inc.) to work on getting the systems where they are. Today a tenant roaster of about 60 occupants was submitted by SilverBrick to the Fire Department. Captain Turnberg stated that there are some renovations made within the building that are not safe. There are about a dozen of occupancy permits for the long term tenants. Frank Boron stated that the Building Department is working with the Fire Department. Some things are being addressed but not as quickly as they would like to see. There is a list of items that need to be addressed by SilverBrick before the matter can be moved forward. Captain Turnberg stated that SilverBrick is in the process of correcting sprinkler heads. 3,000 will be corrected in a course of a year. 15-20% of the tenants have occupancy permits. Captain Turnberg stated that originally the system was wet. About 15 years ago it became a dry system. He has an NFPA25 report from October that passed. He was told that it is not compliant as a dry system as it exists. Councilor Tillotson asked Captain Turnberg what his recommendation is. Captain Turnberg stated that the Fire Department has come up with a list of measures that need to be taken to allow the long standing tenants to have a certificate of occupancy to remain while a fire watch is provided. The tenants that have not received a certificate of occupancy would have to cease and desist. There will have to be a reduction or limitation to business hours from 8 AM – 7 PM. The Captain continued that there have been block party type unauthorized gatherings that have to stop. Existing tenants with certificate of occupancies will have to have local battery operated smoke and CO detectors in their spaces until SilverBrick has their engineering firm come in and submit required report within 30 days for all the common areas to get the alarm system up to standard. Councilor Labrie stated that when SilverBrick first applied for the Special Permit there was no mention of renting out commercial space for commercial use. Mr. Papowitz stated that Councilor Labrie is mistaken. SilverBrick always knew that there were commercial tenants in the property. He continued that the Special Permit allows up to 400,000 feet of commercial use. Mr. Papowitz stated that SilverBrick does not support any violations. The lease defines what use a tenant is allowed. The lease requires tenants to abide by code and the protocol is straightforward. If SilverBrick learns that a tenant has violated those codes then a warning is given and start the cease and desist process. This process has already started on several tenants. Regarding the block party, Mr. Papowitz stated that he learned of it Friday and action was immediately taken. SilverBrick’s team was notified. Tenants were notified that block parties are in violation of the lease and city ordinance. Cease and desist order was drafted and sent to the tenants. SilverBrick’s private security was notified. SilverBrick contracted with the Chicopee Police Department to have two patrol cars on premise at SilverBrick’s expense. 7 Josh Vassallo, Regional Director of Facilities for SilverBrick, stated that the sprinkler system is being addressed, starting to change out sprinkler heads in Building #3 and will work from the top down and continue into Building #2 beginning on January 10th. Fire extinguishers have been added in hallways in Buildings #2 and #3. Signage has been added as requested. A quote has been obtained for the battery operated smoke and CO detectors and will be installed next week when they arrive as well as Exit signs. Mr. Papowitz stated that there is a fire watch and security guard and after the conversation today with the Fire Department an additional fire watch person will be added. Councilor Tillotson suggested that SilverBrick submit a letter requesting an additional 120 days for the Council to reach a decision and in that time SilverBrick to address all of the concerns from the Fire and Building Department. There are too many issues that have not been corrected. Attorney Garvey stated that Special Permits must be acted upon within 90 days. We are well within that 90 day period. If action is not taken within that 90 days than the Special Permit is granted. There are a number of ways to handle this matter. One being the way Councilor Tillotson suggested. If the applicant choses he can submit a written request extending the 90 limit to give the City additional time to work with departments to make sure that what’s being required tonight is being addressed. The Council can approve the Special Permit; the Council can deny the Special Permit; potentially issue the Special Permit with the actual Special Permit being suspended until certain requirements are being met. Captain Turnberg stated SilverBrick has been cooperating with the Fire Department. The Fire Department wants people in the buildings to be safe. Mr. Papowitz stated that he will cooperate with the City. He also stated that it may not be realistic to get everything done before the Special Permit is renewed. Councilor Tillotson stated that if SilverBrick is sincerely interested in coming to the City it can get done. People must be protected in the building. Councilor Balakier stated that this Special Permit process was started in 2018. Mr. Papowitz will submit letters by the end of the week. Motion made by Councilor Roy and second by Councilor Balakier to postpone to the call of the chair. Committee vote 7 – 0 favorable to postpone. ITEM #7 Application for a Special Permit under Chapter 275-9 (L) (3) for the purpose of renewal of an existing Storage special permit under the Mill Conversion & Commercial Overlay District located at 165 Front Street. Applicant - 4 Perkins, LLC, c/o SilverBrick, Aaron Papowitz, 1688 Meridian Avenue, Miami Beach, FL 33139. Aaron Papowitz, Thomas Greco, Josh Vassallo and Nicole Rivera were present via zoom. Motion made by Councilor Laflamme and second by Councilor Roy to postpone to the call of the chair. 8 Committee vote 7 – 0 favorable to postpone. ITEM #8 Minutes – November 17, 2021 Motion made by Councilor Labrie and second by Councilor Balakier to approve. Motion passed. Meeting adjourned at 8:30 PM. 9